AliveCor has suffered another setback in its long-running patent lawsuit with Apple. Today, the US Court of Appeals for the Federal Circuit upheld a ruling that the medical device maker's electrocardiogram patent did not, in fact, have the relevant elements. Therefore, Apple Watch will not face a second import ban from the International Trade Commission (ITC).
This back-and-forth between AliveCor and Apple began in 2021. AliveCor sued the ITC, claiming that Apple infringed on its electrocardiogram patent. The ITC ruled in favor of AliveCor and recommended an import ban banning the sale of Apple Watch with electrocardiogram function in the United States. However, the ban did not take effect immediately because the Patent Trial and Appeal Board also ruled that three related patents were invalid. For the import ban to take effect, AliveCor had to win an appeal of the Patent Trial and Appeal Board's ruling - which it did not win.
Sanjay Voleti, chief commercial officer at AliveCor, said: "We are deeply disappointed with the court's decision this morning. The court did not examine existing secondary considerations that the ITC found to be persuasive in determining the validity of the patent. We will continue to explore all available legal options, including potential appeals, to defend our position that our patent is valid and that Apple infringed our intellectual property rights."
"We thank the Federal Circuit for its careful consideration of this case. Apple's teams have worked tirelessly for years to develop industry-leading health, wellness and safety features that have a meaningful impact on users' lives, and we intend to continue on that path," Apple spokesman Fred Sainz said.
AliveCor adopted the same legal strategy as Masimo, another medical device manufacturer. However, Masimo successfully applied for an ITC import ban on Apple Watch. The main difference is that Masimo's patent relates to the Apple Watch's blood oxygen sensor, not electrocardiogram technology. In order to get around the ITC's import ban, Apple has now disabled the blood oxygen sensor in new Apple Watch sales in the United States.